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Bailey v. State

The trial court erred in admitting into evidence the results of the defendant's blood and urine tests, which a state trooper had acquired after ordering hospital staff to obtain samples from the unconscious defendant for drug and alcohol testing.

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Elmer Lamar Bailey was with his cousin when the vehicle they were traveling in crossed the center line of a highway, struck an embankment, and overturned. Bailey, who appeared to be the driver of the vehicle, was trapped in the car and seriously injured. After an ambulance took Bailey to the hospital, an investigating officer found a box containing drugs next to the overturned vehicle. As a result, Bailey was charged with possession of methamphetamine,1 possession of marijuana,2 and possession of drug-related objects.3

Bailey was unconscious when a state trooper arrived at the hospital. The state trooper ordered hospital staff to obtain samples of Bailey’s blood and urine for drug and alcohol testing. Based on the results of those tests and on the accident itself, Bailey was also charged with DUI per se,4 DUI less safe combined influence,5 and failure to maintain lane.6 The trial court denied Bailey’s motion to suppress the results of the blood and urine tests. After a jury found him guilty of all counts, the trial court entered a judgment of conviction, merging the two DUI counts for purposes of sentencing. The court denied his motion for new trial, and Bailey appeals.

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